George Mason University v. Malik
296 Va. 289
| Va. | 2018Background
- Maheen Malik applied to George Mason University (GMU), was admitted as out-of-state, and requested in-state reclassification three days before spring classes began; she had attended Northern Virginia Community College (NVCC) 2014–2016.
- Malik submitted evidence: Virginia driver’s license (Dec 2013), Virginia bank account (2014), part-time jobs in 2014–2015, Virginia lease co-signed with her brother, 2015 Virginia and federal tax returns, and voter registration (Mar 2016).
- GMU denied reclassification, finding Malik had not shown by clear and convincing evidence a Virginia domicile for the required one-year period and was presumed a dependent of parents domiciled in Pakistan. GMU discounted voter registration (existed <1 year) and treated many actions as auxiliary to education.
- Malik sought reconsideration, noting NVCC had at some point charged her in-state tuition; GMU declined to treat NVCC’s classification as binding and again denied reclassification.
- The Fairfax Circuit Court reversed GMU as arbitrary and contrary to law; GMU appealed to the Virginia Supreme Court.
- The Supreme Court reversed the circuit court and entered final judgment for GMU, holding the circuit court improperly reweighed the evidence and GMU’s decision was supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court exceeded its limited appellate review under Code § 23.1-510(C) by reweighing evidence | Malik: Circuit court properly reviewed and found GMU’s decision arbitrary given NVCC’s apparent in-state classification and Malik’s evidence of ties to Virginia | GMU: Circuit court improperly conducted de novo review instead of asking whether GMU’s decision could reasonably be said to be arbitrary, capricious, or contrary to law | Court: Circuit court exceeded its authority; review must be whether institution’s decision could reasonably be said to be arbitrary or capricious; reversed circuit court |
| Whether GMU reasonably concluded Malik failed to prove domicile by clear and convincing evidence | Malik: Her driver’s license, taxes, bank account, leases, and NVCC classification showed domicile | GMU: These acts can be auxiliary to education or performed by temporary students; voter registration was <1 year; she did not rebut dependency presumption | Court: Substantial record evidence supported GMU’s conclusion that Malik did not meet clear-and-convincing burden |
| Whether prior tuition classification by another institution (NVCC) binds GMU | Malik: SCHEV transfer policy/guarantees imply transfer of classification and NMCC’s prior in-state classification makes GMU’s contrary decision arbitrary | GMU: SCHEV policies and domicile guidelines are nonbinding; one institution’s determination is not conclusive on another absent evidence facts unchanged | Court: SCHEV guidelines lack force of law and expressly disclaim binding effect; GMU not required to follow NVCC’s classification |
| Whether GMU had to disprove domicile or show Malik was not domiciled in Virginia | Malik: Implicit argument that GMU shoulders burden given its denial | GMU: Student bears burden to prove domicile by clear and convincing evidence; GMU need not disprove domicile | Court: Student bears burden; GMU not required to present evidence disproving domicile; Malik failed her burden |
Key Cases Cited
- Virginia Commonwealth Univ. v. Su, 283 Va. 446 (2012) (institutional denial affirmed where record did not show decision arbitrary or contrary to law)
- Ravindranathan v. Virginia Commonwealth Univ., 258 Va. 269 (1999) (circuit court may not reweigh evidence; limited to arbitrary/capricious review)
- George Mason Univ. v. Floyd, 275 Va. 32 (2008) (acts like obtaining a license and part-time work may be auxiliary to education)
- Commonwealth v. White, 293 Va. 411 (2017) (doctrine of judicial restraint and deciding cases on narrowest grounds)
- Baker v. Elmendorf, 271 Va. 474 (2006) (distinguishing plenary de novo review from limited appellate review)
- Virginia Marine Res. Comm’n v. Insley, 64 Va. App. 569 (2015) (statutory factors need not be assigned quantified weight; tribunal cannot deem statutory factors legally insignificant)